The child as witness - From The People's Court

Discussion in 'Law & Justice' started by btthegreat, Oct 4, 2022.

  1. btthegreat

    btthegreat Well-Known Member

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    Once in a awhile one comes across an example of nugget of professional skill, so perfect in execution, its worth sharing just in case someone else admires the same skill. This case involves 4 kids scratching a teachers car and the investigation by the teacher and Vice Principle which results in statement that includes a 'confession' by a shy 9 year old. The interaction between Judge Milian and the boy begins with this clip as she begins to establish a rapport and the boy's capacity to be a reliable witness. The clip starts at 22:51

     
    Last edited: Oct 4, 2022
  2. btthegreat

    btthegreat Well-Known Member

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    Do not underestimate how incredibly difficult this is to do. My dad ( a Prosecutor/ DA/ sometimes Judge) said that interrogating a witness like this was one of the hardest things to do. You have to gain sufficient trust that the child is willing to communicate in the foreign and intimidating setting, and still hold him accountable to tell the truth when the lines between 're-imagining truth', deceit, and reality are still pliable concepts.

    Milian was appointed assistant state attorney for the Dade County State Attorney's Office by Janet Reno, who was then the county's state attorney. After ten years in that position, she then worked for the Miami County Court, serving in the domestic violence, criminal, and civil divisions.[4] In 1999, Florida governor Jeb Bush appointed Milian to the Miami Circuit Court, where she served in the Criminal Division.

    All that turns into a lot of experience dealing with such young witnesses, but to my mind, you can't show this kind of confidence around kids without also having been a parent of several children - getting daily workouts - as a breathing 'lie detector' for children. Parenthood is what keeps you agile and your skills sharp!

    Asking the Mom to re-interate to the child that he should not feel afraid to tell his secret, is a clever ploy. its as much about discerning what Mom had said to the boy before court, as it is to get her cooperation in court.
     
    Last edited: Oct 4, 2022

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